VOlUME 05 ISSUE 07 JULY 2022
1Putri Sukmiani,
2Handoyo Prasetyo
1,2Faculty of Law, Universitas Pembangunan Nasional Veteran Jakarta
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ABSTRACT
Based on the Law Number 30 of 2014 concerning Government Administration, and the Supreme Court regulation have extended the absolute competence of the Administrative Court to examine elements of abuse of authority committed by state officials in carrying out their positions. However, this authority is not the only option given by law in Indonesia, which in addition there is also the authority of the general court to resolve the topic of abuse of authority that causes harm to the country. therefore, there is still ambiguity and overlap in laws related to abuse of authority which causes losses to state finances which ultimately has an impact on legal certainty and justice for related parties. This type of thesis research used normative juridical research that is descriptive. The Data used to answer the problems in this study were secondary data and primary data derived from library research. The results of the study found that the District Administrative Court was authorized to decide related elements of abuse of authority committed by the agency and/or government officials. The analysis of the state administration Case Number: 2/P/PW/2017/PTUN.JBI. not compatible with Perma No. 4 of 2015 because it did not meet the requirements, the new court is authorized to accept, examine, and decide the assessment of the application, after the results of the supervision of the government Internal Audit apparatus (APIP) and the court is authorized to accept, examine, and decide the assessment of the application for assessment of whether or not there was abuse of authority in the decisions and/or actions of government officials before the criminal process. The conclusion obtained was the analysis of the consideration of judges and the decision of the PTUN Jambi was wrong and not in accordance with what was mandated in Regulation No. 4 of 2015 (Perma No. 4 of 2015) on guidelines in the assessment of judicial elements of abuse of authority. It is recommended to the government to harmonize laws and regulations related to abuse of authority both in terms of criminal and administrative aspects of the government in order to achieve regulatory harmony.
KEYWORDS:abuse of authority, state losses, optimization of elements of abuse of authority
REFERENCES
A. Books
1) Adji, Indriyanto Seno. (2009). Corruption, State Apparatus Policies and Criminal Law. Jakarta: Edited Media.
2) Amiruddin and H. Zainal Asikin. (2004). Introduction to Legal Research Methods, PT. RajaGrafindo Persada, Jakarta.
3) Atmosudirjo, Prajudi. (2008). State Administrative Law. Indonesian Ghalia. Jakarta
4) Budiardjo, Miriam. Fundamentals of Political Science, (1998), Gramedia Main Library, p. 35-36. Jakarta
5) Hadjon Philipus M. et.al. (2011). Administrative Law and Corruption, Yogyakarta: Gadjah Mada University Press.
6) Hadjon Philipus M. et.al. (2012). Administrative Law and Good Governance. Jakarta: Trisakti University Publisher.
7) Please, Yahya. (2006). Civil Procedure Law Concerning Lawsuits, Trials, Confiscations, Evidence, and Court Decisions, Fourth Printing, Jakarta: Sinar Graphic.
8) HR, Ridwan. (2006). State Administrative Law. Jakarta: RajaGrafindo Persada.
9) Johnny Ibrahim. (2013). Normative Law Research Theory and Methodology, Banyumedia Publishing, Malang.
10) Marbun. S.F., Law, (2013). State Administrative Law II, First Printing, Yogyakarta: FH UII Press.
11) Minarno, Nur Basuki. (2011). Abuse of Authority in the Management of Regional Finances with Implications for Criminal Acts of Corruption. Surabaya: Laksbang Mediatama.
12) Mukti Fajar and Yulianto Achmad. (2010). Dualism of Normative & Empirical Legal Research, Yogyakarta: Pustaka Pelajar.
13) Permana, Tri Cahya Indra. (2016). A Critical Note on the Expansion of Authority to Adjudicate State Administrative Courts. Yogyakarta: Genta Press.
14) Peter Mahmud Marzuki. (2019). Legal Research, Prenadamedia Group, Jakarta.
15) Saputra, M. Nata. (1988). State Administrative Law. Jakarta: Rajawali Press
16) Soemitro, Rochmat. (1976). Administrative Justice Issues in Tax Law in Indonesia. Bandung. PT Eresco.
17) Supandi. (2016). State Administrative Court Law. Bandung: Alumni.
B. Journals
1) Antoro, Bibianus Hengky Widhi. 2020. Testing on Abuse of Authority in PUTN. Judicial Journal. Volume 13 No.2 (August 2020)
2) Yulius, “Thoughts and Regulations on Abuse of Authority in Indonesia”, Journal of Law and Justice, Volume 4, Number 3, 2015,
3) Aman Susanto, Testing on Abuse of Authority in the Administrative Court after the enactment of Law no. 30 of 2014 concerning Government Administration, Thesis, Islamic University of Indonesia, 2017
4) Lizamul Umam, Absolute Competence of State Administrative Courts in the Assessment of Elements of Abuse of Authority, Thesis, Andalas University, 2017
5) Arma Devi, “Abuse of authority in the perspective of Corruption Crimes”, Jurna Recthen, Vol 1, Number 1, 2019
C. Internet
1) Online Law, “The Meaning of Abusing authority in a criminal act of corruption”, https://www. Hukumonline.com/klinik/detail/ulasan/lt54fbbf142fc22/arti-mesalahgunakan-wetangan-dalam-tindak-pidana-korupsi/, accessed on 18 November 2021.
2) Jakarta State Administrative Court, “History of the Court”, https://ptun-jakarta.go.id/?page_id=14, accessed on 24 May 2022.
D. Dictionary
1) Arifin, Winarsih. and Farida Soemargono. (2001). Indonesian French Dictionary, Dictionnaire francais indonesie. Printing 4, Jakarta: P.T Gramedia Pustaka Utama.